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Home My WebLink About20202117.tiff MEMORANDUM TO: Angela Snyder, Planning Services fr 1 } FROM : Melissa „I King , PE , Public Works N.Q DATE : May 14, 2020 2_ :( uj\I T Y SUBJECT : COZ20-0004 Gerrard (Revised 61312020 ) The Weld County Department of Public Works has reviewed this proposal . Staff comments made during this phase of the application process may not be all -inclusive , as other issues may arise during the remaining application process . COMMENTS : Parcel (s ) : 095718000009, 095718300050 (Absorbed per 1 AMREC 20-00-2803 ) The project proposes to: Change of Zone from the A(Agricultural_ Zone District to the 1 -3 ( Heavy Industrial ) Zone District ACCESS : Weld County Public Works has reviewed the application materials related to access . Parcel 095718000009/095718300050 (Absorbed ) has two existing permitted accesses onto County Road 13 ( Colorado Boulevard ) . (AP15 -00223) • The most northern permitted access point onto County Road 13 ( Colorado Boulevard ) is approximately 2 , 630 feet south of the intersection of County Road 13 ( Colorado Boulevard ) and State Highway 34 . This access is identified as industrial and has been proposed by the applicant to remain . i The most southern permitted access point onto County Road 13 (Colorado Boulevard ) is approximately 2 , 790 feet south of the intersection of County Road 13 (Colorado Boulevard ) and State Highway 34 . Applicant has not proposed the use of this access point onto County Road 13 (Colorado Boulevard ). However, this access point has been identified as commercial and was permitted such that it shall be gated at the edge of the right-of-way and be designated for emergency use only. This access point shall remain . No additional accesses have been requested . Per Sec . 8 - 14-30 , an Access Permit is required for access to Weld County maintained roadways . Please refer to Chapter 8 of the Weld County Code for more information regarding access . ROADS AND RIGHT -OF -WAY : County Road 13 is a paved road and is designated on the Weld County Functional Classification Map ( Code Ordinance 2017-01 ) as an arterial road , which requires 140 feet of right-of-way . The applicant shall delineate on the plat the future and existing right- of-way and the physical location of the road . If the right - of-way cannot be verified it shall be dedicated or reserved per Weld County Code . Pursuant to the definition of setback in the Weld County Code Sec . 23 - 1 -90 , the required setback is measured from the future right - of-way line . Be aware that physical roadways may not be centered in the right -of-way. This road is maintained by Weld County. County Road 56 is a gravel road and is designated on the Weld County Functional Classification Map ( Code Ordinance 2017-01 ) as a local road, which requires 60 feet of right-of-way . The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road . If the right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90 , the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way . This road is maintained by Weld County . Per Chapter 8 , Article 13 , Section 8- 13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying , constructing or excavating facilities within , and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https : //www.weldgov.com/departments/public works/permits/ . Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way . IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works is requesting that the existing Improvements and Road Maintenance Agreement (2016-3738) , adopted December 28 , 2016 , be reviewed for any needed updates and/or revisions . CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following : 1 . County Road 13 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017 -01 ) as an arterial road , which requires 140 feet of right-of-way at full buildout . The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90 , the required setback is measured from the future right-of-way line . This road is maintained by Weld County . ( Department of Public Works) 2. County Road 56 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90 , the required setback is measured from the future right-of-way line . This road is maintained by Weld County . ( Department of Public Works ) 3. Show and label the existing access points and the usage types (Agriculture , Residential, Commercial/ Industrial , or Oil and Gas ) . Public Works will review access locations as a part of the plat submittal . (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1 . The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II , of the Weld County Code . (Department of Public Works ) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. ( Department of Public Works ) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom , regardless of lot configuration or number of users , and without limitation of the use or intensity of the use of such easements . No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements . ( Department of Public Works ) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking . ( Department of Public Works ) 5. The Improvements and Road Maintenance Agreement (2016-3738 ), adopted December 28 , 2016 , for this site shall be reviewed for any needed updates and/or revisions . Hereafter, the Agreement may be reviewed on an annual basis , including a site visit and possible updates . ( Department of Public Works ) 6. Prior to the release of building permits , the applicant shall be required to submit a complete access application for a " preliminarily approved" access location as shown on this plat. (Department of Public Works ) 7. Any work that may occupy and or encroach upon any County rights -of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement . ( Department of Public Works ) 8. The historical flow patterns and runoff amounts will be maintained on the site . ( Department of Public Works ) MEMORANDUM i TO: Angela Snyder, Planning Services eat TE[tFROM ! Melissa J King , PE , Public Works DATE : May 14, 2020 triATI- - 2—._ Co u ..NIS_Yaci SUBJECT: C0Z20-0004 Gerrard The Weld County Department of Public Works has reviewed this proposal . Staff comments made during this phase of the application process may not be all -inclusive , as other issues may arise during the remaining application process . COMMENTS : Parcel (s ): 095718000009 , 095718300050 The project proposes to: Change of Zone from the A(Agricultural_ Zone District to the 1 -3 (Heavy Industrial ) Zone District ACCESS : Weld County Public Works has reviewed the application materials related to access . Parcel 095718300050 has two existing permitted accesses onto County Road 13 (Colorado Boulevard ) . (AP 15-00223 ) • The most northern permitted access point onto County Road 13 (Colorado Boulevard ) is approximately 2 , 630 feet south of the intersection of County Road 13 (Colorado Boulevard ) and State Highway 34 . This access is identified as industrial and has been proposed by the applicant to remain . • The most southern permitted access point onto County Road 13 (Colorado Boulevard ) is approximately 2 , 790 feet south of the intersection of County Road 13 (Colorado Boulevard ) and State Highway 34 . Applicant has not proposed the use of this access point onto County Road 13 (Colorado Boulevard ) . However , this access point has been identified as commercial and was permitted such that it shall be gated at the edge of the right-of-way and be designated for emergency use only. This access point shall remain . Parcel 095718000009 has an existing unpermitted access onto County Road 56 approximately 2, 500 feet east of the intersection of County Road 56 and County Road 13 (Colorado Boulevard ) . The applicant has not proposed this point as an access location . Applicant shall permit and use this access point onto County Road 56 and/or shall designate a minimum 30-foot access and utility easement across Parcel 095718300050 to provide legal access via the existing northern permitted access point onto County Road 13 (Colorado Boulevard) for this parcel . (AP15-00223 ) Per Sec. 8- 14-30 , an Access Permit is required for access to Weld County maintained roadways . We strongly encourage you to discuss your access location with Public Works prior to laying out your site plan . All "preliminarily approved " accesses are subject to change during the access permitting process . Per Sec. 24-8-40 , when feasible, there shall be no net increase in the number of accesses to a public road . Minimum access spacing widths are shown in Weld County Code Sec . 8- 14-30 . Please refer to Chapter 8 of the Weld County Code for more information regarding access . ROADS AND RIGHT-OF-WAY: County Road 13 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as an arterial road , which requires 140 feet of right-of-way . The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road . If the right- of-way cannot be verified it shall be dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld County Code Sec. 23- 1 -90 , the required setback is measured from the future right- of-way line . Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 56 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way . The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road . If the right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code . Pursuant to the definition of setback in the Weld County Code Sec . 23-1 -90 , the required setback is measured from the future right-of-way line . Be aware that physical roadways may not be centered in the right-of-way . This road is maintained by Weld County . Per Chapter 8 , Article 13 , Section 8-13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying , constructing or excavating facilities within , and or encroaching upon , any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https ://www.weldgov. com/departments/public works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works is requesting that the existing Improvements and Road Maintenance Agreement (2016-3738) , adopted December 28 , 2016 , be reviewed for any needed updates and/or revisions . CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed change of zone parcels' access locations . (Department of Public Works ) B . The plat shall be amended to delineate the following : 1 . County Road 13 is a paved road and is designated on the Weld County Functional Classification Map ( Code Ordinance 2017-01 ) as an arterial road , which requires 140 feet of right-of-way at full buildout . The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1 -90 , the required setback is measured from the future right-of-way line. This road is maintained by Weld County. ( Department of Public Works ) 2. County Road 56 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01 ) as a local road , which requires 60 feet of right-of-way at full buildout . The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road . If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code . The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1 -90 , the required setback is measured from the future right-of-way line. This road is maintained by Weld County. ( Department of Public Works ) 3. Show and label the existing and proposed access points and the usage types (Agriculture , Residential , Commercial/ Industrial , or Oil and Gas ) . Public Works will review access locations as a part of the plat submittal . ( Department of Public Works ) 4. Show and label a 30-ft. minimum access and utility easement across Parcel 095718300050 to provide legal access for the Parcel 095718000009 on the plat, if access onto County Road 13 is proposed . ( Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1 . The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15 , Article I and II , of the Weld County Code. (Department of Public Works ) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. ( Department of Public Works ) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom , regardless of lot configuration or number of users , and without limitation of the use or intensity of the use of such easements . No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements . (Department of Public Works ) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking . (Department of Public Works ) 5. The Improvements and Road Maintenance Agreement (2016-3738) , adopted December 28 , 2016 , for this site shall be reviewed for any needed updates and/or revisions . Hereafter, the Agreement may be reviewed on an annual basis , including a site visit and possible updates . (Department of Public Works ) 6. Prior to the release of building permits , the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works ) 7. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement . (Department of Public Works ) 8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works ) 1561 \1Vr �� . '� WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenuc Greeley , CO80631 www . weldhealth .org Memor ndum To: Angela Snyder From : Lauren Light , Environmental Health Services Date : May 11 , 2020 Re : COZ2o-0004 Gerrard Investments , LLC , cio Rock & Rail , LLC Environmental Health Services has reviewed this proposal for a change of Zone from the A (Agricultural ) Zone District to the 1 - 3 ( Heavy industrial ) Zone District . The site is served by Little Thompson Water District . A commercial on -site wastewater treatment system ( OWTS ) is permitted for the ready mix plant , trailer and scale house and is size for 97 people ( SP- 1600224 ) . Another commercial OWTS ( SP- 0701064 ) serves the shop and office and is sized for 30 people . A site plan review will address specific items such as noise , dust and waste handling procedures . We recommend the following appear as notes on the plat : 1 . Water service may be obtained from Little Thompson Water District . 2 . The parcel is currently not served by a municipal sanitary sewer system . Sewage disposal may be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment , Water Quality Control Division and the Weld County Code in effect at the time of construction , repair , replacement , or modification of the system . 3 . Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed . 4 . During development of the site , all land disturbances shall be conducted so that nuisance conditions are not created . If dust emissions create nuisance conditions , at the request of Weld County Environmental Health Services , a fugitive dust control plan must be submitted . Health Administration Public Health & Environmental Health Communication , Emergency Preparedness Vital Records Clinical Services Services Education & Planning & Response l olc� 9/0 304 6410 lobo : 9/0 3134 6420 Tele: 970-304-641 .5 Tele: 970-304-6470 Tele : 970-304-6470 Fax: 970-301-6412 Fax: 970-301-64116 Fax: 970-.304-6411 Fax: 970-304-6452 Fax; 970-304 -6452 Public Health 5 . If land development exceeds 6 months in duration , the responsible party shall prepare a fugitive dust control plan , submit an air pollution emissions notice application , and apply for a permit from the Colorado Department of Public Health and Environment . ur Submit by Emil 1St a All Weld county R 4 _ lataBlikiraLormar , 4 it i rt. ! !li 1 I. Ft, tip i ' J _ I L IS ^ __ ' IF April 15 . 2020 The WeldCounty Department t or Plans-ring Seivicets has received the folk -swing item for review: Applicant G erg and Inwesimentsi Lid, do Rock Si Rail, Case Number: COZ2 4 LLC Please Reply By . May VI 20.20 Planner Ange4a Wider Project Chenge of Zone from the A r u raA) Zen* DisIrd b the 1-3 i: 1-leavy Industrial) Zone District L ticn East of and adjacent to Cum Road 13, north of and acliaicervt to County Road 56 Paroel Number: 0957180004009-R0515201 Legal: LOT B REC EXEMPT RE-2803, PART 51N4 & PART E4 SECTION 10, T5li, Fi5TIN or THE 61-H P. M., MILD COUNTY COLORADO . Parcel Number. 517' 1834D 8 59a2 Legal : PART SW4 SECTION 18 15N , R67W OF THE 61- H1 PM. , VELD D COUNT( COL )RAC , Tie applicator is submitted to mil for maim anti remtn ener rdartnn. Any mi ariii. ti' irteconlmentlation you consider relevant 10 this requast taut' be appreciated . Psaa!e reply by the abc"ie listed date so thai. we may give MI consideration to your recoil menidalion. Any response not recefveci before Or on this date may be deemed to be a p 1tiwc response to the iDepartmeni of Planning Ser ya tes If 'you have any further questions regarding the applicati-or, please lI ibs Pianri& . ssnciarted with the request Please note that new Information may to applications under review during the review processg II you desire `to examine or arblain thii5 additional Info rrrtf=wr , please call the Department of Planning Services, e ham P o ' Ma roq s! amil rind that' il des I .. Sneornpity w ) lour Comprehensible IIHen hereu . C r , . ^ f'.• 4-'. 1 e i i LO -E '�- C mil. G., We have reviewed' the request and fiihni rho omtfs with ow irerstsLzFs. 0 See unhitched Wier, a C'eSignature tree; Age CL .a - "17::a 2; .c &: s l'alk eirrra4:_ Ceri A- kr Weld County Pbming Dept. 1 5S5 N r h AveGreeley CO ML' I I OM) cry op i rrl) apit s4Ga tit REFERRAL for COZ20-0004 Rock & Rail/Gerrard Investments Proposed site From: Hill and Brush Ditch Company Jim Croissant, President 26442 Weld County 15 Johnstown, CO 80534 May 11 , 2020 Dear Commissioners: Hill and Brush Ditch Company (HBDC) was established in the late 1800 and has various decreed water rights from the Big Thompson River. The ditch serves irrigation needs of farmers in Weld County and is located approximately 0. 75 miles south of the proposed Rock & Rail Site who is requesting a change in zoning from Agriculture A to Heavy Industrial 1-3 . Historically, HBDC receives discharge water from Koeing Reservoir and several farms north of the ditch that are in close proximity to the proposed Rock & Rail Site . HBDC has maintained the quality of the water in their ditch by limiting stormwater runoff from residential, commercial and industrial developments into the ditch. The greatest concerns for the HBDC from the proposed Rock & Rail Site are water quality issues . As an Agricultural Ditch Company, HBDC views the proposed change in zoning from Agricultural A to Heavy Industrial 1-3 as INCOMPATIBLE WITH THE SURROUNDING AGRICULTURAL USES AND DOES NOT MEET WELD COUNTY ' S COMPREHENSIVE PLAN CHAPTER 22 . As cited in the Weld County Comprehensive Plan Chapter 22 "The proposed land use is compatible with the existing and surrounding land uses . " Generally, historic stormwater runoff from the proposed development site has been minimal because of soil types, good ground cover vegetation, such as grass, alfalfa, or other agriculture crops and distance the water travels to the ditch. With the establishment of this site to Heavy Industrial Zoning I-3 , HBDC greatest concern is water quality to meet farming needs . The concern is the type of change in zoning, Heavy Industrial 1-3 , represents a high risk of water contamination. The various permitted types or operations of Heavy Industrial I-3 activities such as ASPHALT PLANT, OIL and GAS STORAGE, REFINERIES, JUNK YARD, ETC, that could be on this site will generate highly contaminated runoff, i. e . oils, grease, sediment, salts, emission particles, silica and other products . Most of these, if not all will be in excess of those typically found in stormwater. The water quality could be compromised by these contaminants and aerial emissions that move into lateral ditches and/or soil contaminating both ditch water and/or ground water. Historically, runoff and ground water movement from the site drained into Koeing Reservoir, which is use for irrigation and recreational uses such as fishing and hunting, and into irrigation ditches south of WCR 56 . This water is used to irrigate crops and field water livestock. Ground water via under ground drains in the site will still move water to the reservoir, however, by channeling the runoff, more runoff will be directed into farm irrigation ditches south of the proposed development. The volume and flow rate will increase and the water quality will be impacted. In recent developments regarding the Reorganized Farmers Ditch Company, two developers have worked with the ditch company by piping stormwater runoff past the main ditch to the Big Thompson River. One example is a proposed development site north of Highway 34 and Larimer County 3 where the developer installed pipe a minimum distance of 1. 5 miles to the river. The HBDC would like to see the same from Rock & Rail whereas the HBDC requests that the County require that stromwater from Rock & Rail site be piped directly to the big Thompson River. Thank you Jim Croissant, President Hill and Brush Ditch Company r Submit by Email gsi lee { 14fold County Referral 10 . •' r \ i ! .17; N-1 it 14 _ • Tis..4 s �. April 16 , 2020 The Werld Courtly 0r3partrrmerl aP Plarirung SON ices►s has. received the IoIleri rir; item for revue* . Applicant: Gerrard Investments . LLO, cio Rock &. Rail , Case Number: GO 2@-0000 LLC P:. ear Kappa By : May 14 , 2020 Planner: Ar ge12 Snyaver Pr plod . Change of Zone ham the A Agricu iral) Zome District to Moe 1- 3 i, Heavy Irdu4tr .al Zone District [motion .' East of and adjacent to C ..In1y Road `1 a . north of and l: 443cent to County Road 55 Par :l Number: 0957111000009-R0515201 Legal_ LOT B REC EXEMPT RE-280‘3 , PART & PART SECTION 1B . "MK R671iN OF THE eTlgl PPA. , ?VELD COUNTY, COLORADO. Par 1 Number: 0957 t QQQc5Q-RBc 45g -2 Legal- PART S 4 SECTION `18 , T5N , RE7Vb' OF THE 6TH kit, WELD C LJN y COLORADO . The application is submitted to you for revil -Ai- and recommendation Amir comments or retommarbdalicin you consider relevant to, is ru ue$.t Vv illei tie:appreciated _ Pleas reply by Ilhe above listed -dais so tkat we may give full oonsideralion in •gnur recommendation.. Any response ! received before or an its date may be deemed Lo be a posithe esoocnse !c t : Department of Planning Services. if you have any further queue regartIng the apps i-allow . please cal the Planner associated !1tI Nike rewaie5t. Plane note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this achationai incarnation, pluses call the DepartMent Or Planning Service& e have reviewed' the nsiques1 aridfind iffro2 it does-deckles not i ' with our Comprehensive Flap b a us in 1 ACT- ,% Mr751 14.7)- its .5 ILA u -- II es. bavem rs w d ship r� u sal and fiad no art 4T 41�1r�' our Ai! , . 40 ;-,- SEAR RAW-ch r signcur �- - '' - Date -- _ C Agency l nt'I_, J.- 6F -a V 2 t .. l�� tai [gintnhj Harming L it. 115S' N 1 ith Ave , Greeley. CO. aD631 fa 7 0C 40-6143O 19701 :1321-1349R rat*; REFERRAL for COZ20-0004 From: Reorganized Farmers Ditch Company P . O . Box 211 Windsor, Colorado 80550-211 Jim Croissant, President John Cummings, Vice President May 07, 2020 Reorganized Farmers Ditch Company (RFDC) was established in 1861 and has various decreed water rights from the Big Thompson River. The ditch serves irrigation needs of conventional and organic farmers who are in close proximity to the proposed site requesting a change of zone from Agriculture to Heavy Industrial I-3 . RFDC has maintained the quality of their water by limiting stormwater runoff into the ditch from residential, commercial and industrial developments . RFDC and surrounding farmers respect land owner rights. As an agricultural ditch company, it does not see that this request for change of zone for the proposed site is compatible with surround agricultural uses. The change of zone to Heavy Industrial I-3 would not meet Weld County policy and goal for agricultural benefit. The RDFC main ditch (concrete) is located on the north side of the proposed site requesting a change of zone from Agriculture to Heavy Industrial I-3 . It has a 70 ft easement. There are four (4) lateral ditches that originate from the main ditch would be impacted by the proposed change of zone (see map) and the associated farms/agriculture ground that those laterals serve. Lateral 1 : delivers water along eastside of Weld County Road 13 and parallels the west edge of the proposed site and takes water to farm ground south of the proposed site . Lateral #2: delivers water along the north edge of the proposed site and delivers water to farm ground on the south side of the proposed site or empties into Lateral # 1 . Lateral 43 : delivers water along the eastside of the proposed site to farm ground on the south side of the development. Lateral #4: delivers water to Koeing Reservoir for farm ground south and east of the proposed site. Any contaminates moving off site from this proposed Heavy Industrial I-3 site would end up in the ditch laterals, soil or adjacent Koeing Reservoir. Of greatest importance to RFDC is water quality to meet farming needs . The concern is the type of change in zone, Heavy Industrial I-3 , represents a high risk of water contamination. The various permitted types or operations of Heavy Industrial I-3 activities such as ASPHALT PLANT, OIL and GAS STORAGE, REFINERIES, JUNK YARD, ETC, that could be on this site will generate highly contaminated runoff, i. e. oils, grease, sediment, salts, emission particles, silica and other products . Most of these, if not all will be in excess of those typically found in stormwater. The water quality could be compromised by these contaminants and aerial emissions that move into lateral ditches and/or soil contaminating both ditch water and/or ground water. Should a change of zone occur the following must be considered development standards for approval: • RFDC requests that the County require that stormwater will be piped directly to the Big Thompson River. • RFDC requests that the County require that an agreement be entered into between the applicant and surrounding RFDC land-owners on how the applicant will maintain water quality before leaving the detention pond. • RFDC requests that the County require the applicant to install a release control value on the detention pond that will prevent water release for up to three (3 ) days following a storm event until an onsite analysis of the water quality can be preformed to determine if contaminates are reduced or eliminated. • RFDC requests that the County require the applicant not to build or install any structures, fences, or other obstructions within 35 ft of the center of the RDFC main ditch and lateral ditches so maintenance can be performed. Map of RFDC Main Ditch and Laterals included. John Cummings, Vice President Reorganized Farmers Ditch Company 970-333 -7234 jxcummings@gmai1. com REORGANIZED FARMERSDITCH i C � H III IN E IT H I I LATERALSHOWN IN RED 2020 Rehm-I Frl �— tier I ITl 2 I QTI'+ 14 = 18 '; a;t e 1. Tit ` ty� aganui n" Cf�i'-_sjij ls lc7r, :r ; .aa iii REDO Main ` �.. k 1` Ditchtit �; , i i it el '•fir L•141 ti; ' -- h. , • • i ok ti �sel • .ais• Ilk - -_b A r "LT 'E' � f �1 s 1 a. r r " Proposed Heavy .,,� ' • J • ,II Industrial I-3 Site �� ..4- issivst 9. Arai , alikJ.�y •ice .Y - - • it I •. _ -i r , �- " ` r �_ a g • s G ii IIE on I ilef4 *'. N +r 'r ,;' 7944 .. .. 1 tit.,r2 t! t oogne ' 41 �` & \ ogle Earth Come Round To MILLIKEN TM May 26, 2020 Weld County Planning Department Attn : Angela Snyder, Planner II 1555 N . 17th Ave . Greeley, CO 80631 RE : Rock and Rail/Gerrard Applications 1AM RECX2O-oo-2803 and COZ20-0004 Dear Ms . Snyder: At their meetings in April, the Milliken Planning Commission and the Milliken Board of Trustees both considered the above reference Weld County Applications for an amended recorded exemption and a zone change on property located of WCR 13 (Colorado Blvd . ) south of Colorado Highway 34. While both the Commission and the Board understand that the land use activity is currently in operation and that there is a Federal Charter for use of the railroad, the groups wish to express the following concerns to both the Weld County Planning Commission and to the Board of County Commissions : • Increased rail activity and/or an increase in the length of unit trains by adding additional railcars could impact the primary arterial transportation corridors through downtown Milliken on Broad Street ( Highway 60 ) and north on Highway 257, by blocking traffic. Both Highways serves as the primary connectors to and through the Town of Milliken . Specific concerns are disruptions to traffic flow and frequent, lengthy stops for trains . • Increased rail activity and/or an increase in length of the unit trains could similarly impact Inez Boulevard (WCR 46), a major collector for large subdivisions to the east of downtown . This railroad crossing currently has no crossing arms for safety. • Increases in noise from train whistles and horn blasts. • Granting the change of zone would allow the owner and business to apply for expansion of the existing use rather than keeping the use at its present size . The Board appreciates the opportunity present its concerns and to request any considerations for remediation measures that would lessen or eliminate impacts . Thank you for your consideration. d arosviatifeL Elizabeth Austin, Mayor Town Hall, 1101 Broad Street, Drawer 290 • Milliken, Colorado 80543 • (979) 587-4331 * (970) 587-2678 Fax Submit by Email ddir Weld County RefReferral J ■ i I,/ . . st ccM April 16, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Gerrard Investments, LLC , cia Rock & Rail , Case Number COZ20-0004 LLC Please Reply By : May 14 , 2020 Planner: Angela Snyder Project: Change of Zone from the A (Agricultural ) Zone District to the 1-3 ( Heavy Industrial ) Zone District Location : East of and adjacent to County Road 13, north of and adjacent to County Road 56 Parcel Number: 095718000009- 80515201 Legal : LOT B REC EXEMPT RE-2803 , PART SW4 & PART SE4 SECTION 18 , T5N , R67W OF THE 6TH P. M . , WELD COUNTY, COLORADO . Parcel Number: 095718300050- R8945992 Legal : PART SW4 SECTION 18 , T5N , R67W OF THE 6TH P.M . , WELD COUNTY, COLORADO . The application is submitted to you for review and recommendation . Any comments or recommendation you consider relevant to this request would be appreciated . Please reply by the above listed date so that we may give fu l l consideration to your recommendation . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application , please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. 1— We have reviewed the request and find that it does Idoes not comply with our Comprehensive Plan because: -- We have reviewed the request and find no conflicts with our interests. I See attached lever. Signature Kim Meyer5/13/20 er Date g Agency Town of Johnstown Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax f I TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2020- 13 OPPOSING ROCK & RAIL, LLC 'S APPLICATION FOR A CHANGE OF ZONE (WELD COUNTY CASE NO . CO 20-004) WHEREAS, after multiple efforts to obtain the right to use the subject property for substantial industrial uses that are wholly incompatible with existing and anticipated land use in the surrounding area, Rock & Rail, LLC, a Colorado limited liability company and/or Gerrard Investments, LLC, a Colorado limited liability company, submitted an application for a change of zone from A (Agriculture) to I-3 (Heavy Industrial) for a 133 -acre tract of land located at 27486 CR 13 & 6433 County Road 56, known by legal description as Lot B of RE-2803 & PPT SW4, County of Weld of Weld, State of Colorado, and located approximately 1/2 mile south of T. S . Highway 34 on Weld County Road 13 and east of Weld County Road 56 ("Property"), designated as Weld County Case No. COZ2o-004 ("Application") ; and WHEREAS, being in close proximity to and within three miles of the boundaries of the Town of Johnstown ("Town"), Weld County referred the Application to the Town for review and recommendation; and WHEREAS, the Town has adopted the "Johnstown Area Comprehensive Plan," a copy of which may be viewed at www.towuofjchnstown. corlDocumentCenter/ Tome/View/192 ("Comprehensive Plan"), illustrating the Town' s anticipated land uses within the Town' s boundaries and within the Town' s Growth Management Area; and WHEREAS, the Property is within the GrowthManagement Area contemplated in the Comprehensive Plan, an area into which urban development and annexation is anticipated to occur in the future; and WHEREAS, as set forth in the Comprehensive Plan, the Town anticipates the development of low-density, single-family residential homes in the area surrounding the Property; and WHEREAS, in addition to the Town' s contemplated residential development, the proposed facility abuts the existing Indianhead residential subdivision; and WHEREAS, the heavy industrial uses permitted in an 1-3 zone, including, but not limited to, operation of an asphalt plant, cement batch plant, aggregate processing facility, asphalt storage, cement storage and fuel storage, are wholly inconsistent with residential development and with the Town' s Comprehensive Plan; and WHEREAS, heavy industrial uses on the Property, along with increased truck traffic, negatively impact existing and future residential development by exposing residents to continuous industrial operations, forcing them to coexist with large, otherwise unplanned, industrial development and creating potential losses of property value, quiet enjoyment and quality of life; and WHEREAS, on a broader scale, the Town envisions growth along the U . S . Highway 34 corridor to include commercial, residential and mixed use development, consistent and harmonious with the current development; and WHEREAS, an I-3 zone is not only inconsistent with the Town' s vision of the growth along the U. S . Highway 34, but has considerable potential to lead to an expanded and unplanned heavy industrial presence along the U . S . Highway 34 corridor and is, simply put, misplaced in that location; and WHEREAS, even if certain industrial uses were compatible in the area, an I-3 zone, the most significant and impactful of all the industrial zones, is far too intense and far beyond the type of use the Town desires near its municipal boundary; and WHEREAS, after careful review and consideration, the Town finds that a change of zone of the Property from A (Agriculture) to 1-3 (Heavy Industrial) would create undesirable, offensive and harmful consequences, inconsistent with the Town' s long-range planning and inconsistent with the best growth and development along the U . S . Highway 34 corridor. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF JOHNSTOWN, COLORADO, THAT : 1 . The Town Council strongly opposes Rock & Rail , LLC ' s application for change of zone of the Property from A (Agriculture) to I-3 (Heavy Industrial) . 2 . The Town Council respectfully requests that the Weld County Board of County Commissioners deny Rock & Rail, LLC ' s application, designated as Weld County Case No . COz o-004 . I ILliir P. ]] SIGNED, APPROVED , AND ADOPTED this day of May, 2020 . M 4 dc 9cit:,4%. !ie. . nnnn t 4z Yob fri.F x 1 e e+ 4.I W? % el 1 ° TTE * .R � TOWN OF JOHNSTOWN, COLORADO 4,„-z Li: : li iki,i i via • � e 6 4 •..% scyt I _ Gv iI Jf -ci,gi __._____ Byr* S. leele, Town Clerk Gary Lebs ayor From: Scott Ballstadt To: Tom Parko Jr. Cc: Carlin Malone; Angela Snyder; Brad Mueller; Kim Meyer Subject: RE: PRE19-0306 Date: Thursday, January 23, 2020 3: 03: 13 PM Attachments: image001.iog USR15-0027 referral response - Windsor.pdf PRE19-0306.pdf Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks Tom and Angela , We appreciate the referral , but we are unable to provide comments on a proposal to rezone a property from Agriculture to Heavy Industrial without any detail about the proposed use . The majority of the applicant's responses state "to be determined at a later date" . Based on the open ended application and project location , we will simply forward the attached comments regarding proposed industrial use of the property from 2015 for the time being. Please keep us in the loop if the applicant provides more detail . Thanks, Scott Scott Ballstadt, AICP Director Town of Windsor Planning Dir: 970-6742411 From : Tom Parko Jr. <t pa rko aG we l d gov.co m> Sent : Thursday, January 23 , 2020 2 : 05 PM To : Scott Ballstadt <sballstadt@windsorgov . com > ndsorgov . com > Cc: Carlin Malone <cmalone@windsorgov. com>; Angela Snyder <asnyder@weldgov. com> Subject : FW : PRE19-0306 Scott, Good afternoon . Attached is a pre application for a project located in the Windsor CPA. Call or email us with any questions . Sincerely, Tom Parko Director, Dept. of Planning Services Weld County 970-400-3572 From : Angela Snyder <asnyderweldgov . com > Sent : Thursday, January 23 , 2020 2 : 02 PM To : Tom Parko Jr. <tparkorevweldgov . com > Subject : PRE19-0306 Torn , I recently help a preapplication meeting for a change of zone from A to 1 - 3 . The project is located in the IGA areas for Windsor, Johnstown and Milliken . Best, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder () weldgov. com PHONE : (970) 400- 3525 FAX : (970) 304-6498 WC Logo Color I Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . Alla?4?111L TOWN of z r_-_-' '1. 25TH 1890-2015 COLORADO Via Email May 27 , 2015 Ms. Diana Aungst, Weld County Planner Weld County Planning Department 1555 N. 17th Ave Greeley, Colorado 80631 Subject: Use by Special Review ( USRI 5-0027) — Martin Marietta Materials Dear Ms. Aungst, and Members of the Weld County Planning Commission: Thank you for the opportunity to review and comment on this proposal . The proposed development is located outside of the Town's Growth Management Area (GMA) and Community Influence Area ( CIA) . However , the property is located within a sensitive location with various competing interests . It is important to consider — and , ideally , master plan - - this area in a collaborative manner due to the proximity of this site to three municipalities , an established unincorporated neighborhood, large swaths of productive agricultural land , and major regional transportation systems. In 2008 , the Town of Windsor and City of Greeley entered into an amended intergovernmental agreement ( ICA), that identified a defined Cooperative Planning , Land Use and Utility Area (CLUA) as a means to attempt to identify and support a land use pattern for the US Highway 34 corridor that would be consistent with the jurisdictions' visions and infrastructure planned and existing in the area . The CLUA outlines permitted uses and site design characteristics within the Principal Employment Corridor and secondary Corridor Area . The proposed facility for Martin Marietta is located within this Secondary Corridor Area . The proposed use is incompatible with this particular vision that the Town of Windsor and City of Greeley have developed for this area . The proposed batch plant is an intensive industrial use unsuited for the nature of this corridor, and its impacts likely cannot be fully mitigated . Furthermore , approval of this Use by Special Review, as proposed , would likely establish a sprawling and overly- intense land use pattern for future development of the corridor. We urge careful consideration for the proposed uses and its regional impact, particularly concerning future land use patterns for the area and along Highway 34 . You are aware of the decades of discussion about preserving the unique identities of the Northern Colorado communities , with community buffers that allow cities and towns to maintain their character and thereby contributing to a larger regional economy. With the proposed scale and location , this proposal may frustrate that vision , or at least contribute to the beginnings of a land use pattern with significant impacts to the gateway into the city of Greeley and Town of Windsor. Should the proposed Use by Special Review be approved , the Town of Windsor would respectfully request that the following items be addressed in any conditions of approval : 301 Walnut Street • Windsor, Colorado • 80550 • phone 970 -674-2400 • fax 970 -674-2456 www.windsorgov. com Page 2 1 . Earth berms and substantial landscape buffers should be incorporated into plans to screen views of industrial uses from U. S . 34 and from neighboring residential uses. 2 . Light sources shall be concealed or shielded so as to minimize uplight, spill-light, glare and unnecessary diffusion on neighboring properties . Thank you for the opportunity to review this proposal and welcome any additional discussion you would like to initiate with us and the City of Greeley. Sincerely, ./,17 os'h olhava Associate Planner pc: Gale Schick , Chairman , Windsor Planning Commission Windsor Planning Commission Kelly Arnold , Town Manager, Town of Windsor Scott Ballstadt, Director, Town of Windsor Planning Department Tom Parko , Director, Weld County Planning Services Brad Mueller, Director, City of Greeley Community Development John Franklin, Director, Town of Johnstown Planning and Zoning Submit by Email Weld rika County Ref „„, 1 I a ■ X 1� j * �� `EL.9�-p Al1 1 to .Mal T:E April 16, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Gerrard Investments, LLC , do Rock & Rail , Case Number: COZ20-0004 LLC Please Reply By : May 14 , 2020 Planner: Angela Snyder Project: Change of Zone from the A (Agricultural ) Zone District to the 1-3 ( Heavy Industrial ) Zone District Location : East of and adjacent to County Road 13, north of and adjacent to County Road 56 Parcel Number: 095718000009- 80515201 Legal : LOT B REC EXEMPT RE-2803 , PART SW4 & PART SE4 SECTION 18, T5N , R67W OF THE 6TH P.M . , WELD COUNTY, COLORADO . Parcel Number: 095718300050-R8945992 Legal : PART SW4 SECTION 18 , T5N , R67W OF THE 6TH P.M . , WELD COUNTY, COLORADO . The application is submitted to you for review and recommendation . Any comments or recommendation you consider relevant to this request would be appreciated . Please reply by the above listed date so that we may give fu l l consideration to your recommendation . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application , please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. r We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Caleb Jackson 5/14/2020 Signature Date Agency City of Greeley Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax -ei"t*****NiS\ City ot` � -GMay 14, 2020 Angela Snyder, Planner I Weld County Planning 1555 N. 17th Avenue Greeley, CO 80631 Re : COZ20-0004 Ms . Snyder: Thank you for referring the subject rezone (COZ2O-0004) to the City of Greeley for review. The subject area is of significant regional interest and requires inter-jurisdictional collaboration to ensure that development is appropriately coordinated to meet the needs and visions of interested parties. In 2004, the Town of Windsor and City of Greeley established a Cooperative Planning, Land Use, and Utility Area that includes the subject site through a since-amended intergovernmental agreement in an initial effort to establish a regional vision for the US 34 corridor. The subject site is located within an area envisioned by the agreement for neighborhood-oriented uses such as residences, retail, and institutions that would support regional employment uses and community separators along the highway. The City of Greeley supports Weld County' s recent achievement of further defining possible uses within the Agricultural Zone District. This change reflects the desire to further protect the rural character of Weld County and more appropriately locate more intense land uses, such as industrial operations. The City of Greeley would like to raise the following points in the County' s analysis and consideration of the subject rezone request: 1 . The proposed I- (Heavy Industrial) zoning is incompatible with the subject area ' s context, which includes an established residential neighborhood, rural wedding/event center, and farmland. 2 . The I- (Heavy Industrial) designation unnecessarily increases the possible intensity of uses in the future, when batch plants already appear to be allowable in less intense County zoning districts through a Use by Special. Review . As such, a lower-intensity zone district might be more appropriate . 3 . The proposal limits the ability of the public and nearby jurisdictions to comment on future land use proposals , as many intensive land uses are allowed by right in the proposed zone . Community ty Development-Office of the Director • 1100 10th Street, Ste . 202, Cheeky, CO 80631 • (970) 350- 9785 Fax (970) 350-9800 A City Achieving Community Excellence 4 . The application restricts the ability of the Board of County Commissioners in the future to implement conditions to appropriately mitigate impacts on very intensive land uses through a Use by Special Review, since many intensive land uses are allowed "by right" in the I-3 zone . 5 . The proposal is inconsistent with the vision promoted in an intergovernmental agreement between the Town of Windsor and City of Greeley (see attached) . 6 . The subject property is uniquely situated in a location that potentially impacts many jurisdictions . The proposed rezone frustrates the ability to effectively plan the area collaboratively to meet the needs and visions of the area ' s numerous jurisdictions (specifically, Weld County, Larimer County, Johnstown, Loveland, Windsor, and Greeley) . 7 . The proposal threatens the agricultural entryway into Weld County and Greeley with the potential proliferation of heavy industrial land uses in this vicinity, and/or the creation of a hodge-podge of uses that result from differing (or not-yet-existing) visions and interests of the multiple jurisdictions . 8 . The application is inconsistent with the Board of County Commissioners ' denial of a rezone application in 2015 of the adjacent property to the north to I-2 (Medium Industrial) Zone District, which was denied due to incompatibility with surrounding uses (COZ1S -0001 ) in accordance Section 23 -2-40 B . 2 of the Weld County Code . Thank you for considering the concerns listed above as the County analyzes the proposal. Ideally, a regional approach to land use in this area of interest shared by multiple jurisdictions is encouraged. The City of Greeley appreciates Weld County referring this application for review and comment. Kind regards, Brad Mueller, Director Attachment: Greeley-Windsor Intergovernmental Agreement CC : Town of Windsor Planning CITY OF GREELEY, COLO 9 £ r 0 RESOLUTION 31 , 2008 ItESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING TEE MAYOR TO EXECUTE THE FIRST AMENDMENT TO TUE JULY 21, 2004 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF WINDSOR AND - CITY OF GREELEY CONCERNING C O P.EEATWE PLANNEIG, , EXATION, LAND USE AND UTILITY Y SERVICES WHEREAS, on July 21 , 2004 , the City of Greeley and Town of Windsor (the "parties") entered into an Intergove -nmental Agreement to participate in joint cooperation plying efforts relative to annexation, land used and the provision of utility services within the U.S . Highway 34 and Colorado Highway 257 Corridors therein referred to as Principal and Secondary Corridors; and WHEREAS, subsequent to the adoption of that Intergovernmental Agreement and upon further analysis and consideration, the parties agree that the previous designation of Colorado Highway 257 Corridor as a Principal� al. and Secondary appropriate;pCorridor is no longer necessary or and WIIEREAS, upon further review the parties also agree that the intergovernmental Agreement and should be amended to allow development proposals along the U. S . Highway 34 Corridor to be governed relative to design, .and site improvements under standards in place for the jurisdiction within which the use is located; and, WHEREAS, the parties further desire to set forth mutually agreed upon municipal growth boundaries in the area located immediately south of State Highway 392 in the vicinity of Weld County Rd 23 in order to facilitate long range planning of infrastructure and to offer guidance to land development to property owners within and adjacent to that area. NOW, THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL AS FOLLOWS: 1 . The City Council hereby authorizes the Mayor to execute the First Amendment to the July 21 , 2004 Intergovernmental Agreement by and between the City of Greeley and the Town of Windsor attached hereto as Exhibit A and incorporated herein by Tefere-nee, I This Resolution shalt become effective immediately upon its passage, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED, APPROVED AND IN EFFECT THIS 6th day of r , 2008. It ii,: _...aityc G Atli{44. in ctits ;,iir4 110..1,..Tippensielirsim. Iteit ISIllaq kr GREELEY, COLORADO er4 Aftcer 1 ri:::::,,,. 41/4, , 41% rata .i, ; , , F I N 401- if° lit fl:r1 6 i j ra r ifiri bhp* , .. . lil A ii::14,( 4 By: - 11,,, ,,,. �`■ k :' ;tit* f Mayor J '.:',$„ . • ‘rt -•04s.\\71';\ . . r: titer, --- .;s r s it„`' - 111111 111111111 111111 111 1111111i 11111111111 e1:3, 3556256 05123/2008 02 :46P Weld County , CO t of 19 Ft 96.00 0 0 .00 Steve Moreno Clerk & Recorder FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF GREELEY AND TOWS' OF WINDSOR THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT is made this day of , 2008, by and between THE CITY OF GREELEY, Colorado, a home rule municipality (" breeley") and THE TOWN OF WINDSOR, Colorado , a home rule municipality ("Windsor") establishing the terms and conditions for land use site and building standards and utility services with a Cooperative Planning, Land Use and Utility Area. The parties hereto , when referring to both, may also be referred to hereinafter as the municipalities or the parties . WHEREAS, Greeley and Windsor entered into an Intergovernmental Agreement in June 001 , for the purpose of preparing a development plan for US Hwy 34 between WCR 13 (county line ) and SH 257 and along SIB 257 between the corporate limits of each community; and WHEREAS , the Development Plan was completed a has been accepted by the Greeley City Council and \Windsor Town Board; and WHEREAS, the implementation of the plan requires cooperation and coordination between the municipalities for the provision of various municipal services such as utilities, planning/land use, transportation, parks/recreation/open space and public safety ; and WHEREAS, the adopted Plan envisions future intergovernmental agreements which will outline the specific procedures to provide the necessary services to implement the Development Plan; and WHEREAS, the municipalities desire an agreement for planning, land use and utility services ; and WHEREAS , the parties approved an Agreement dated August 9, 2004 regarding the terms and conditions for such planning , land use and utility purposes, and WHEREAS, certain amendments to that Agreement are now deemed to be in the best interests of the citizens of Greeley and Windsor to further this cooperative community planning process . NOW , THEREFORE,RE, IN CONSIDERATION OF THE PROMISES HEREAFTER SET FORTH , IT IS MUTUALLY GREED BY AND BETWEEN THE PARTIES AS F LLI : I . Coo.sive Land Uses Annexation and Utility Area. The Cooperative Planning, Land Use and Utility Area ("CLIJA ")) consisting of a Principal employment corridor area and a secondary corridor area is hereby amended and described as follows : 1 11 11,11 11111 11111111111 111111 HUMID 11111 3 256 0512312008 02 :46P Weld County, CO 2 of 19 FI 96�T00 D 0 .00 Steve Moreno Clerk & Recorder (a) P'rincipal Employment Corridor. Principal Employment Corridor includes all land depicted on Exhibit A and described on Exhibit B , attached hereto and incorporated herein by reference ,erence , and is generally described as that area one-half mile north and south of US Hwy 34 between SH 257 and WCR 13 (County Line Road). The distances are measured from the right-of way lines of the affected roads and highways on the same side as the area stated above . (b) Secondary Corridor Area . There is hereby established a Secondary Corridor Area which includes all lands depicted on Exhibit A and described ed on Exhibit B , which is attached hereto and incorporated herein by reference and is generally described as that area extended one-half mile from the principal employment corridor areas, outer boundaries north and south of US Hwy 34 . . CLUA Land Uses . Within the CLUA , the parties agree that the land uses are prioritized as follows: (a) The Principal Employment Corridor is primarily for employment, industrial park and other uses as defined, conditioned and limited by Section I , A of Exhibit B , attached hereto and incorporated herein by this reference , (b ) The Secondary Corridor Area is primarily for residential, neighborhood , commercial and their related uses as defined, conditioned and limited by Section I . B . of Exhibit B. attached hereto and incorporated herein by reference. 3 Land Use , Site and Building Standards for ! LU . Road Improvements and Maintenance Master Costs . (a) The land use, site and building standards for both areas of the CLUA are described on Exhibit B attached hereto and incorporated herein by reference. Access to Weld County Road 17 (WR 17) shall be in accordance with locations agreed to by the parties on Exhibit E, attached hereto and incorporated herein by this reference . Access to US Hwy 34 shall be as approved by the Colorado Department of Transportation. (b) The parties agree that they shall equally share the costs of any and all general improvements to WeR 17 north of US Hwy 34 to WCR 6 0 . The party intending to make general improvements on the above stated roadway shall give the other party 180 days notice prior to the commencement of construction of the general improvements to the roadway. The party receiving notice of said improvements and/or maintenance shall provide comment as to the nature and timing of general improvement along with its prospective cost to that party* The parties agree that the jurisdiction which has annexed the affected road shall perform general improvements 2 M 1111111 11111111111 111111 WHIM 11111 DOM ! 56 05123/2008 02:46P Weld County , Co 3 of 19 R 98 .00 0 0 .00 Steve Moreno Clerk & I .e order sP v in accordance with its ordinances , rules and regulations; and further that each party shall pay its one-half of the total cost of the general improvements within thirty (30) days after invoice of the same, subject to annual appropriation . The parties agree that each party shall use its best efforts to budget and/or appropriate sufficient sums to defray the costs of its expense for constriction of the general improvements of the road stated herein. Any roadway improvements that are deemed to be in addition to customary and general, road maintenance such as, but not limited to, the addition of medians, traffic control devices and like improvements must first be agreed to in meting by both parties prior to their installation. The parties agree that the parties shalt equally share the costs of any and all maintenance for WCR 17 north of US Hwy 34 to WCR 60. Windsor shall perform the annual maintenance and Greeley shall pay Windsor one-half ( 'A) of the cost of such annual maintenance, The parties agree that they shall meet and agree as to the nature, extent and maximum cost for annual maintenance of the road on or before July 1 of each year to provide sufficient time to budget necessary funds for the succeeding calendar year (d) The parties agree that the intersection of WCR 17 and US Hwy 34 may require an improved road interchange in the future, and as such, the parties agree to negotiate in good faith with each other and C l T to determine the land areas to be reserved/dedicated ; the nature and type of interchange improvement; and any and all costs for construction for the same. 4 Required Notice for Development. . For both areas within the CLUA. each party shall notify the other of all intended development, redevelopment, or varia,nces, within said area no later than four (4) weeks prior to the initial official consideration of the land use matter by the municipality reviewing the intended development. All notifications shall be provided to the other party in writing and shall include a brief written description of the development proposal and accompanying vicinity, any development maps andgraphics for review and comment by the receiving party. The receiving party shall renew the documentation provided and shall respond in writing to the other party with its comments regarding the proposed development. Each party agrees that it shall use its best efforts to .make and receive comments through timely communications . The parties ies expressly agree that all such information, documentation and communication is a courtesy exchange of information and any negligent oversight of any referral or project for comment shall not require the delay of hearings or decisions on any land use or related case by the approval proval authority of either Greeley or Windsor .. However, when making a land use decision., the approval authority of the affected municipality hereby agrees that it may not approve any land use in contravention to those uses stated in Exhibit B , without the prior written consent of the other per. Each party shall provide the other party, in writing, a single point of contact for the transmission of all communications and documentations contemplated and described in this paragraph, raph. 3 111101 11111 111111 ' 1;i 111111III1111111111 111 . 1111111 3556256 05/231200B 02:46P Weld County , CO 4 of 19 R 96 .00 D 0 . 00 Steve Moreno Clerk & Recorder 5 . Annexation (a) Greeley shall have exclusive authority to exercise its annexation powers and , subject to paragraphs 4 and. 5 , to provide all urban services within the CLUA for those areas identified as the "Greeley Annexation Area" on Exhibit C , attached hereto and incorporated herein by this reference . (b) W shall have exclusive authority to exercise its annexation powers and subject to paragraphs 4 and 5 to provide all urban services within the CLUA for those areas identified as the "Windsor Annexation Area" on Exhibit C (c) Both, parties specifically agree that upon the receipt or preparation by either party of any documents proposing vexation within the CLUA, copies of all such documents shall be submitted to the other party for review and comment at least thirty (30) days prior to initial action thereon. (d) The parties specifically agree that in the event either or them has extended and/or agreed to any financial or other incentives in connection with a proposed annexation within the CLUA, that the contents and specifics of such financial or other incentives shall be submitted to the other past; , (e) The parties specifically agree that Greeley retains and Windsor shall honor any and all contract rights of first refusal for the purchase of water upon any properties within the Principal or Secondary Areas which are subject to such rights under the Greeley Loveland litigation Company COLIC) Shareholders Agreement, regardless of whether or not those properties are annexed by Windsor. A map generally depicting the land area subject to the CLIC Shareholders Agreements is shown on Exhibit D, attached hereto and incorporated herein by this reference . (l1 Any property annexed by Windsor which ultimately is developed for commercial purposes and which commercial business is partially or wholly located upon a property currently or formerly subject to a GL1C Shareholders Agreement shall be subject to sales and food tax revenue sharing between Greeley and Windsor. Windsor shall remit to Greeley, on a monthly basis, 40% of the gross sales and food tax revenue received by Windsor from all sources upon property stated in this subparagraph (f) . The parties specifically agree that this revenue sharing agreement is authorized pursuant to Colorado Revised Statutes 9-20- 105 ( (b) and is perpetual in nature and survives any termination of this Agreement, with said land area subject to the GLIC sShareholders Agreements shown on said Exhibit a 4 HIED 1111111111111111 HIM IIIIIIIII II III II 101 3556256 05/23/2008 02 : 46P Weld County, CO 5 of 19 R 96 , 00 D 0 , 00 Steve Moreno Clerk & Recorder p (g) The terms of this Agreement shall not be construed as to require Windsor or Greeley to annex property in their respective annexation and growth boundaries . (h) If either Greeley or Windsor is presented a petition for annexation of land located in the agreed upon annexation and growth boundary of the other municipality, they each shall direct the petitioner to the community within which the land is planned for annexation and service in accordance with this Agreement . Only upon the written denial of the proposed annexation petition by the community within which the petitioning land is identified for annexation may the other municipality consider any such annexation, and then only upon the written amendment of this Agreement. (I) Windsor .shall submit a petition to the North Front Range Regional Planning Council to exclude the Properties from Greeley ' s 208 Waste Water Planning Area ("208 Planning Area") and include the Properties in Windsor ' s 208 Planning. Area. 6. Water Service within the Cooperative Land Use , Annexation and Utility Area., (a) Water service for Windsor properties within the CLUA shall be provided by Windsor in accordance with the existing Windsor-Greeley Intergovernmental Agreement for Treace Water Service (dated January 4, 1996 ) , as amended from time to time by the parties . (b) To provide all potable water service to the CLUA , a sufficiently- sized transmission line carrying Zone 4 pressure will be required upstream of a Windsor master meter from Greeley' s Zone 4 pump station to the west along US Hwy 34 . The cost of the transmission main upstream of the Windsor master meter shall be borne by the municipality or private entity requiring the service in accordance with the annexing municipality ' s determination. It is anticipated that the annexing municipality will require one or more developers to construct the transmission main upstream of the Windsor master meter ,. Such municipality may thereafter choose to afford such developer or developers an opportunity to enter into a reimbursement agreement providing for reimbursement when subsequent properties develop and benefit from the main . It is also likely that certain of such properties will not be located in the municipality that caused the main to be constructed in the first instance . Both parties agree that if reimbursement is requested and approved by the municipality constructing the main, the other municipality will enforce the terms of any such reimbursement agreement for properties developing in that municipality and benefiting from the main . 5 I 11111 11111 11111111Di 1111 ill 1111111111 11111 i 111 3556256 05/23/2008 02 : 46P Weld County , CO 6 of 19 R 96400 D 0 .00 Steve Moreno Clerk & Recorder 1 7 Sewer Service within the Cooperative Land Use Annexation and Utility Areas . (a) General . Pursuant to the terms of this intergovernmental agreement , Greeley agrees to deliver sewage originating within the CLUA to the Windsor sewer system for treatment and Windsor agrees to provide treatment for such sewage . Greeley shall maintain, repair, replace, and rehabilitate the wastewater collection lines which are within its city limits. For purposes of Colorado water law, Windsor agrees that Greeley shall maintain dominion and control of water in sewage, originating within Greeley' s city limits, and delivered by Greeley to the Windsor system for treatment such that Greeley may fully consume (by any means, such as its own municipal use , reuse, successive use, exchange, substitute supply, or by sale or lease to other entities) any re- useable effluent resulting from such treatment. Greeley agrees that a portion of water in sewage delivered to the Windsor system for treatment pursuant to the terms of this Agreement may be consumed prior to discharge due to treatment or evaporation and that Windsor does not guarantee that any specific percentage of the water in sewage delivered by Greeley will be discharged after treatment of Greeley ' s water rights. throughout Windsor ' s system . The amount of re-useable effluent resulting from treatment shall be calculated in accordance with applicable decrees.. (b) Points of Delivery. Sewage transmitted through Greeley ' s system delivered by Greeley to the Windsor system shall be delivered by Greeley to a terminal manhole( s) at or close to Greeley' s city lirnit s . The point( s) of delivery shall be mutually established and agreed upon in writing by both municipalities. Sewage metering station(s) will be established in the terminal manhole to assist in tracking the amount of sewage delivered to Windsor. (c) Payment of Plant investment Fee_and Measurementc _Discharge , Greeley agrees to pay Windsor a plant investment fee (PIE) reflectingGreeley' s acquisition of capacity in Windsor' s wastewater treatment facility. The PIF for additional capacity shall be annually established, based on the then current PIP in effect for Windsor residents . The plant investment fee shall not include any surcharge or additional payment for any lift stations required for Greeley to deliver sewage to Windsor because Greeley is responsible for such costs . As an example of the PIF calculation, currently the Windsor PIF is $2,600 per residential tap and the average residential winter water use, which is equivalent to sewer use, is 204 gallons per day per tap. Consequently , the current residential PIF is $ 12 . 75 per gallon per day.. 6 flUIffilimiullilli 111 HMI 1111 3556256 05/2312008 02 :46P Weld County , CO F 7 of 19 R 96 .00 a 0 .00 Steve Moreno Clerk & Recort yaw plant investment fees due from Greeley to Windsor shall be purchased in blocks of 100,000 gallons per day capacity, or other quantities as mutually agreed. Windsor shall regularly monitor the amount of wastewater received from Greeley at the points of delivery. Whenever the 30-day average flow from Greeley exceeds the capacity previously purchased by Greeley, Greeley shall purchase additional capacity within 90 days at the then current PIF. (d) Treatment Capacity . At such time as the existing. Windsor wastewater treatment plant is using eighty percent ( 80%) of its capacity , or Windsor determines that the existing plant will soon be at or over eighty percent (80%) of its capacity, Windsor shall define the plant capacity that can be issued before the existing plant is using ninety percent 0%) of its capacity. The additional capacity shall be allocated seventy percent (70%) to 'Windsor and thirty percent (30%) to Greeley, unless the municipalities agree otherwise in writing . When the existing plant is using ninety percent (90%) of its capacity, or at any time that the Colorado Department of Public Health and Environment or other agency responsible for the discharge permit for the existing plant directs Windsor that additional sewer taps shall not be issued, Greeley agrees not to issue additional taps . Both municipalities agree to cooperate to anticipate the need to treat sewage produced within the CLUA and to plan for any expansion of the Windsor system to accommodate growth of demand within the LU . Windsor agrees to expand the Windsor system as necessary to accommodate growth of demand within the + LUA .. Windsor shall make reasonable efforts to provide treatment capacity for Greeley ' s sewage, including expanding the existing plant when at ninety percent (90%) capacity and/or building a plant capable of meeting future discharge limits. Should Windsor fail to begin construction of such capacity when at ninety percent (90%> capacity, Greeley shall have the right to make alternative arrangements for any and all sewage treatment contemplated under this greement ,. Such option shall be in addition to any other remedy available under this Agreement . (e) onthly__Us�er Fees . Charges for sewage treatment shall be paid by Greeley to Windsor. The rates for sewage treatment shall be consistent with rates charged to Windsor resident customers and calculated per hundred ( 100) cubic feet of wastewater discharge as measured at the flo neter(s) . The service rates shall be reviewed by Windsor annually and shall reflect Windsor' s actual costs of Greeley ' s wastewater treatment and conveyance . Greeley shall use its best efforts to enforce its environmental standards, restrictions and limitations on all waste water discharge treated by Windsor. ( f) Treatrrentof Other Sewage . Greeley and Windsor agree that it may be feasible and cost-effective for Windsor to treat sewage originating within portions of the City of Greeley that are outside the CLUA; however, nothing 7 1111111 11111 3556256 05/23/2008 02 : 46P Weld County, Co . f 8 of 19 R 96 .00 CI 0 . 00 Steve Moreno Clerk & Recorder in this agreement shall commit Windsor to treat such sewage and Greeley agrees that it will not deliver any sewage originating outside the CLUA to the Windsor system for treatment without the express written consent of Windsor that it will accept and treat such sewage . (g) Billings . Windsor will submit one invoice to Greeley monthly. Invoices shall be paid within thirty (3 0) days of receipt, after which time interest penalties shalt begin to accrue at the rate of one percent per month, or fraction thereof, during the period in which the invoice remains unpaid . (h) Industrial Pretreatment. Greeley shall cooperate with Windsor to enforce Windsor ' s EPA-approved industrial pretreatment program to protect the Windsor' s system from undesirable sewage discharge . ( I ) Discharge Permit . It is understood and agreed that Windsor shall be solely responsible for obtaining and complying with any discharge or other permit required, for the operation of its sewage treatment plant, or any modifications thereto . Sr Release, Hold Harmless * Jndemnificatio . Both Windsor and Greeley are public entities , as that term is defined pursuant to the Colorado Governmental Immunity Act, Colo, Rev; Stat. § 24- 10- 1 01 , et sera. The parties to this Agreement have the benefits and responsibilities enumerated in the Colorado Governmental Immunity Act . Each party shall defend any and all claims for injuries or damages pursuant to and in accordance with the requirements and limitations of the Colorado Governmental Immunity Act occurring as a result of negligent or intentional acts or omissions of the parties , their officers , agents, employees and assignees . In addition, Greeley shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Greeley, its officers , employees, agents, and assignees performing functions or activities upon the property of Windsor. Greeley shall provide adequate workmen' s compensation insurance for all of its employees, agents and assigns engaged in activities and functions upon the property of Windsor or Greeley. Windsor shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Windsor, its officers , employees, agents, and assignees performing functions or activities upon the property of Greeley . Windsor shall provide adequate workmen ' s compensation insurance for all of its officers , employees , agents and assignees engaged in activities and functions upon the property of Greeley . Each party shall furnish the other party current certificates of insurance stating that the coverages outlined above are in full force and effect . 9. No Public Utilities _ ommission Control . Greeley, its employees and elected or appointed officials, agree neither to assert nor support any statement, policy, petition , rule making, or legislative attempt, to place the Windsor ' s sewage treatment services system under the authority or jurisdiction of the Colorado Public Utilities Commission by virtue of this intergovernmental agreement or otherwise. 8 I 3556256 115/23/2008 02:46P Weld County , CO of 19 R 96 . 00 D 0 .00 Steve Moreno Clerk & Rerlorder 10 . No Third P Benefci -. . It is expressly understood and agreed that the terms and the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right or cause of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that no person and/or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be deemed any more than an incidental beneficiary only. 11 . Non2Corn liance . Notwithstanding any other provision in this Agreement , if either party fails to comply with the provisions of this Agreement, the other party , after providing written notification to the noncomlyin.g party and upon the failure of the noncomplying party to achieve compliance within a reasonable time after such notice under the circumstances, or ninety (90 ) days ,. whiaever is less , may refuse to provide and/or disconnect the water and sewer services stated in paragraphs 6 and 7 of this Agreement . Additionally, that party may maintain an action in a court of competent jurisdiction in Weld County for specific performance, injunctive, or other relief against the non-complying party. In the event of such litigation, the prevailing party shall be entitled to payment by the defaulting party, of its actual attorney=s fees and costs incurred , 12. Additions and Modifications . The parties hereto agree that they shall cooperate with one another and Weld County in making such additions and modifications to this Intergovernmental Agreement as may be necessary to effectuate its purposes . 13 . Term and Termination , This Agreement shall remain in effect for a period of twenty (20 ) years from its effective date , whereafter, it shall be automatically renewed for successive five ( 5 ) year terms unless at least five (5 ) years prior to the scheduled expiration, either party notifies the other party of its decision that the Agreement shall not be renewed . As noted in Paragraph 5(f), the revenue sharing agreement contained therein is perpetual in nature and survives any termination of this Agreement. 14 . Colorado Laws . This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in Weld County . 15 . Waiver, A waiver of a breach of any of the provisions of this Agreement shall not constitute waiver or a waiver of any subsequent breach of the same or another provision of this Agreement. 9 ID 113111 ill 1111111111 1111111N iii! 3556256 05/23/2008 02 : 6? Weld County, CO 10 of 19 R 96 . 0 0 0 .00 Steve Moreno Clerk & Recorder 16 . Notices . All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse often business days following mailing by certified mail , postage prepaid , addressed as follows: TO GREELEY :: City of Greeley 1000 10th Street Greeley, Colorado 80631 ATTN : City Manager TO WINDSOR:.: Town of Windsor 301 Walnut Street Windsor, Colorado 80550 ATTN : Town Manager 17 . Effect of Invalidity . If any portion of this Agreement is finally eld invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such invalidity or =enforceability shall not affect the other paragraphs of this Agreement, except that any corresponding right or obligation of the other party shall be deemed invalid . 18 . Amendments . This Agreement may be amended in writing only by the mutual agreement of the governing bodies of the parties hereto. 19 . Reliance by the Parties, Windsor and Greeley understand that each is relying upon all of the promises made by the other in this Agreement, and each agrees Vii ) not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement; (ii) to promptly notify the other party of any legal action which might affect this Agreement; (iii) to allow the other party to participate in such legal action as the other party deems appropriate; and (iv) to defend this Agreement in such legal action. • 10 1111111111 1 II Ell 1 II 1 All 11111 111111 3556256 05/23/2008 02 : 46P Weld County, Co 11 of 19 R 96 .00 D 0,00 Steve Moreno Clerk & Recorder # 1 . IN WITNESS HE ' EOF , , the parties hereto have executed this First Amendment to the Intergovernmental Agreement the day and year first written above . CITY OF GREELEY TOWN OF WINDSOR I/As_ ar it 1 �,. r in . �r1 - 'M g am! : b' 4 4"a •ip::it;:.d*it `i.:Vitop. t ayor ondsor * o O :+14%,..) Ei par : I\ 1 r i ' , "kit * is, al WINDSOb 94 11 rig '. ' il:Alar r M . k 4 Nl. �'. � t� � El 0 �" P p T !../.0 :1' '4 .,�;. C. ATTEST: ,,�.a , � ��t ii bbAiii * \\V",•,,ta, --c * , ' 4\1%4, tab" 440 • y' -lick . ". l , i. ; li COW t i;\,4 . ar, � 1 �*3 #, J i#.e, * f µii r R. -. i s'No y t '1:1.? �o r ti i B y: itkisi a J •� -NIX'S�J- ■aa ..are '. . � �Y. ti � J __- • s � �I � T �jy7 �1 � � '_ 'fir %i4c 1 k a. --irtititaCityrt et Ili, - Tow 'Cie 1 .� { APPROVED AS TO SU IS A CE By ; By: alai 1ty a a To :. Hager PP:` ED AS TO GAL)FORM : c•------- k ; r By : � By ti ,, City At i r y Town Attorney AS TO AVAILABILITY OF FUNDS : Director of " m _ cue 11 . __ 7 ' . . • . E±hi bit A - Gooperative Land Use Annexation andUtility- Areas (CL -_ 7 r - - it>„ . ., • A LYIRmartlea- "2 y V i IN. is 4 = • DI a sa_ia. f ,i4 Ifi . O te ; L'tl . 3 f=3:ii _ ' : ,_ +a r i_ te4ty 392: 1 _ II -• iaj I 1 k " : lF i . . c \ _ aste)----------CCT ....nr-e'? . _a ti . 1 fill►. Li .Si' - - t a5 - ',paint Galin' ;Roa - - - - -- -- l� ' . I d II - ,1 Oo urn r r ,dt13/4 - 1 r 1 :ca: VVindsor , ti _ 1, c5 a. ! , iiii 4, , a, i - 5 i ••.. . A , . , r I , , , . y_i1 -1—"\---------eir I ' I ir _. .., _ __ :_ • -!-- . _ . _ 7 I\ Loveland I - ' . , I . - I I ,,i 1 - - _ i,-_ 34 , reetr . nrortzte I , -. _ At_ . , : _oletrezzri; - .' - A . . . - ' A. . a.,,A1 Ns tiv,iihx- \NINA‘i . Isc1/24: _ . • iitt„ • ics xvii ! b„sivs74,siN, 14% Ntss,:%,%\N%‘ _ ea • illit , _ _ _ -__ : ,b „.., .„.„..,.___ 3.4: : _ ..,,\sKsh,.__‘w‘__ ._.. ._ _ _, _NiLksk,‘,. \‘. . ! :‘,:kis, .,..-%H.sti. , :.ststs,ssa, ...T.ri I -- E � Johnstown - _ , rrer://, 4 R I. . A-. , .. AI . . . It • . i Arl , i ries - Ara • - ifr'aitt%)4,1411/4VANNThNs„i'SN,NNAISXXN,AX . . %IS:SIX-44e; 1 si .treir . H . 1 , , • . . -- % , migillill ) 17 I J , ,I ci ell 1 LAI I • _ ,4i_ ®�ge,-L$-I'wy. I Cauity.( ,oad d , 3fth-S \5 R �' _ _ ..�, .a ii I h A� S t it. n i i N 1 1 I I I I i I I 1 lilt ---- — t 1 i 1 1 1 i 1 1 1 q i 1 1 i tir ; Primary Cooperative Land Use Annexation and Utility Area tatirtai , : , itelev Lirm: Secondary UseAnnexation ,and Utility A , i CountyLin e ____ _ ail Create& September 24h 2007 'City Limits Etc C,av of Greeley. GAS Parcels - - �� StreetCenterlines ra R 1 12 , lapilli ! imill Ill ii Iii III mit I 11111111111i 3556256 05/23/2008 02 : 46P Weld County , CO 12 of 19 R 9600 D 0 . 00 Steve Morena Clerk si Recorder HID 11111 rip 111111 OHNE 1111111 3556256 05/23/2008 02;46P Weld County, CO 13 of 19 R 96 .00 D 0 .00 Steve Moreno Clerk & Recorder Exhibit " B" US HWY 4 LAND USE, SITE AND BUILDING S The following land use and development standards are blended elements of the City of Greeley and Town of Windsor Development Codes and provide Overlay Development Standards for a portion of that area known as the "Strategic Employment Development Corridor (SEDC)" as described in the City of Greeley 2020 Comprehensive Plan west of State Hy 257 ASH 257) as illustrated on the attached Exhibit A and hereinafter referred to as "Greeley/Windsor Employment Corridor ((if E ) ." I. LAND USE A . PRINCIPAL EMPLOYMENT ORRIDOR 1 . Physical Area Defined : The boundary of the principal G/WEC is 1/2 mile north and south of the US FINNy 34 west of SH 257 and east of WCR 13 (County Line Road) ; Allowed Land As described in the Comprehensive Planning documents for Greeley and Windsor the US Hwy 34 travel corridor is the preferred location for a mix of regional employment and community separator types of land uses. The principal land uses allowed in this corridor shall relate to principal employment notions, such as professional business park uses (e . g4 "FIRE : Finance,. Insurance, Real Estate"), light industrial and select medium industrial uses and special regional destination uses . Outside storage is not permitted in this area unless fully screened from all rights- of-way and adjacent non-industrially zoned lands, and where incidental clearly subordinate to the principal land use. The following land uses are considered principal uses in this corridor; further subject to the zoning district standards and review processes in the governing jurisdiction. * adult schools, e . g. college or university facility, trade or business school * amusement park * arena or auditorium. * assembly * beverage processing driving range * fabrication. farming financial institution 13 HID Hip III JIll 3 256 05123.2008 02:46P Weld County, CO • 2 " 14 of 19 R 96110 0 0 .00 Steve Moreno Clerk & Recorder * food processing (fully-enclosed facilities with no adverse environmental impacts) golf course * greenhouse or nursery hospital * kennels and animal care facilities ge mail Center * manufacturing (fully enclosed, light manufacturing activities) * medical supply office * open space * publishing firms * quasi-public facilities (museum, fire & police, zoo, aquarium) * radio station * research/development lab * sports arena * stable * studios * television station * testing lab * theme park * transportation facilities (light rail stations and public transportation depots are permitted . Truck terminals and truck stops are prohibited) * veterinary clinics warehouse * wholesale goods Other accessory and supportive land uses, such as restaurants, are allowed only if incidental to the principal land use and located within an established employment, business or industrial park setting . Retail operations representing "destination commercial" uses may be allowed on a case by case basis s following the development referral process as described in this Exhibit and when mutually agreed upon by Greeley and Windsor in writing. B ■ SECONDARY CORRIDOR AREA 1 . Physical Area Defined : The boundary of the secondary GPWEC area begins mile back of the Principal Employment Corridor boundaries north and south of the US Hwy 34, 14 11111111111 11101111 3556256 0512312008 02 :46P Weld County, CO F ) 5 of 19 R 96 . 10 D 0.00 Steve Moreno Clerk & Recorder 2 . Allowed Land Uses : Allowed land uses are those permitted within the annexing jurisdiction and may include residential, retail , restaurant, neighborhood commercial and other institutional uses as may be defined by the annexing jurisdiction . IL SITE DESIGN ,. BUILDING RIE T, TION : All portions of buildings facing a right-of-way shall be designed and oriented to offer a "front door" level of design to the traveling public (criteria for architectural treatments defined in Section HI, below) . • B . BUILDING AND STRUCTURE SETBACK : All buildings and other structures, such as parking lots, shall be setback at least 100 ' from US Hwy 34 Setbacks from other rights-of-way shall be in accord with the jurisdiction. within which the site is located.. C . LANDSCAPING : Landscaping and buffering shall be designed and approved in accordance with the landscaping requirements of the jurisdiction within which the site is located and shall be designed in such a way as to present a coordinated entryway treatment along US Hwy 34 and WCR 17 . D . FENCING Fencing used as part of a landscape treatment shall be designed and approved in accordance with the fencing requirements associated with landscaping of the jurisdiction within which the site is located and shall be designed in such a way as to present a coordinated entryway treatment along US Hwy 34 and. WCR. 7 . No chain fink fencing shall be permitted within the principal corridor area. Any proposals for chain link fencing within the secondary corridor area ( 1 ) shall meet all any chain link fencing requirements of the jurisdiction within which the site is located, and (2) must be approved by the municipalities . E . VEHICULAR ACCCESS : : Site access will be provided in limited locations from adjacent arterial roadways and provide inter-connectivity between internal and adjacent land uses. Fr PARKING, LOADING, STORAGE: The location and design of parking, loading and storage operations shall be designed and approved in accordance with the parking, loading and storage requirements of the jur1sd1c11on within which the site is located .. 15 1111111 11111 111111 : II NMI 111 NNW 11111111111 3556256 05/23/2008 02:46P Weld County, CO 16 DI 19 R 96 , 00 ID 0.00 Steve Moreno Clerk & Recorder B IL I LNG DESIGN A. ARCHITECTURAL REVIEW TA DARD : The design of all buildings and structures in the Principal Employment Corridor shall be designed and approved in accordance ce with the corridor architectural requirements of the jurisdiction within which the site is located , B . BUILDING HEIGHT: The heights of all buildings and other structures shall be designed and approved in accordance with the height requirements of the jurisdiction within which the site is located. C. SIGNS : Allowed signage shall be limited to wall or monument signs and shall be designed and approved in accordance with the sign regulations of the jurisdiction within which the site is located. Pole signs are prohibited, IV. DEVELOPMENT MANAGEMENT & REFERRAL SYSTEM The Overlay Character Zone standards for the GAVEC shall be administered by the jurisdiction within which the site is located, Greeley and Windsor shall employ a Development Referral System wherein any project proposed for a land use action including development, redevelopment, subdivision or variance is automatically referred to the other jurisdiction for review and comment in a manner as established herein 16 __________ . • .. 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MI pinttimetr e dime ern s d ig aired from aerial photographs data! lvby, 2005. Upctate5 are crntuigal and dataP'rloposted Rain dance Ridge Lr ocal .Street istoric ally 'rrig rted Lands I__I i of Loveland represelmaiiumm wall .charge mieer time. This product is not I s" + Ka rit tr,ale le engineering or surveyrins eGLfC System '� Major Highvva, _ = Le aseback > A arms _ Also have Shareholder per Agreements rem: Witty of orohnsto 'l standards but does Inte1 Na1,o„4I Mapping Accuracy Standards 4p\oribiAbrE __ W lrrl ,S). The irlf'rlr uuioII contaln,eld within this document eBayd Transmission Line a Main Road Greeley-Loveland Shareholder _Agreements r�� `own o•, Windsor is iiiyi ieit tided 10 he Med fur the pce �rnteawv of constructor, ,I docurmlenis r - 1 Parcels Ocozmties Lakes and Reservoirs .. City ,� �-e le VCR 60 a re IIC oti la 16u I 7 Its la a a 120. FUTURE ROW • N 2 a SW OM 433> is = � 0 0 ___. ____ O � a G to CD 04 10 CC I CO C, 04 nes a ID a) a T a a FULL ACCESS I ..,1 r O, Rusi— -IN i _, Gift:41x RkJHT-OUT _' t,HT4JLIT rerni. en r.> cc :37 ; CO POSSIBLE . INTERSECTiohl e PENDING TR'AFFC STUDY AND APPROVAL I31f TOWN Q kT I RJGHr4N I , J � ,RJ sift rip Q ta CC 1 g ii HAY adarrne VP Pi RAMA DX a US ElWit 34 r. Exhibit E . , . _ . ,. .. r 64. ,: `' ' Weld County Rood 17 rown of w:ndaorWWS Geed it i 6-7-2004 Access Design 1 ExhtbitE.dw9 PDF created with pdfFactory Pro tn& l version (ii pdffactory cony 19 L From: Hice-Idler - CDOT, Gloria To: Ancjela Snyder Cc: Timothy Bilobran bran - CDOT; Allyson Mattson - CDOT Subject: COZ20-0004/Gerard/weld County/US 34 off Date: Thursday, April 23, 2020 8 : 57 :34 AM Attachments: image001.onq Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. The submittal states that traffic volumes are not supposed to increase significantly as a result of the rezone . CDOT reminds the County and the applicant that should traffic volumes at the intersection of WCR 13 and US 34 increase by more than 20%, the applicant will need to obtain a new access permit. Gloria Hice- Idler Rocksol Consulting (970) 381 -8629 10601 W. 10th Street, Greeley , CO 80634 gtoria . hive - idler state . co . us I www . codot . gov I www. cotri p . org Hello